Donald Kipkorir Wins Round One of Court Battle for Access to Exclusive Country Club

The High Court in Nairobi has directed Muthaiga Country Club to grant prominent city lawyer Donald Kipkorir temporary access to its premises whenever invited by its members, pending the resolution of his legal suit.

Kipkorir took legal action against the country club, alleging that it denied him access, thereby violating his constitutional rights.

In his petition, Kipkorir stated that Muthaiga Country Club froze him out him on two occasions, actions he claims hindered his work as an advocate and violated Article 10 of the Constitution. He explained that a client, who is a club member, had invited him to receive instructions on a matter, but he was denied entry.

When Kipkorir sought clarification from the security officials regarding his denial of access, he claims they did not provide a clear explanation. He speculated that Muthaiga Country Club may have placed him on a blacklist of individuals prohibited from entering the club.

Kipkorir described the incident on August 9, 2024, as a continuation of an earlier incident in October 2022 when he was initially denied access but was later permitted entry after filing a complaint.

“Treated Like a Stray Dog”

Kipkorir expressed frustration over being asked to leave the premises in a manner that made him feel “like a stray dog, a homeless hound that had crushed the hallowed grounds of the privileged elite.”

Before these incidents, he asserted that he had attended meetings at the club for over 20 years without facing any issues. Although he is not a member and does not wish to join, Kipkorir argued that he should not be denied access to meet his clients, who are members.

“Kenya is not a patriarchal patrimonial state, a monarchy, a military state, an apartheid state, a caste state, or a colonial state that governance supports the organic segmentation and discrimination of its citizens as public policy mantra,” he stated in his petition.

Justice Chacha Mwita ruled that Muthaiga Country Club must file its response within seven days and scheduled a mention of the case for October 15.

In the meantime, the judge issued a conservatory order restraining the club, its officials, agents, and anyone acting on its behalf from denying Kipkorir access to the club premises when invited by club members.

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